Dees

By information, defendant was charged with a violation of Health and Safety Code section 11530.5 (possession of marijuana for sale). He pleaded not guilty, and his Penal Code section 1538.5 motion was submitted on the transcript of the preliminary hearing, argued, and denied. Defendant waived his right to jury trial, to confront witnesses, to have witnesses testify for him, to present other evidence, and his right against self-incrimination, and submitted the issue of his guilt on the preliminary hearing transcript. He was found guilty as charged; motion for new trial was denied; probation was denied; and he was sentenced to state prison *924 for the term prescribed, by law. A stay of execution of sentence was granted pending detennination of his appeal, and bail on appeal was posted. He appeals from the judgment of conviction and order denying probation.

At approximately 3 a.m. on September 2, 1970 and after police investigation:, State Narcotics Agent Reyes, in the company of eight other officers, met still other officers on defendant’s premises, served him with a search warrant covering those premises (a warehouse), and advised him of his Miranda rights. Defendant was…